Contest Name: Grade School Gourmet
Administrators: Cliffedge Marketing; PO Box 8766; St. Louis, MO 63101
Telephone: 1-866-386-6687
Sponsor: Dierbergs Markets
Finalists will be required to attend an event at the Dierbergs Des Peres Culinary Center (1080 Lindemann Rd, Des Peres, MO 63131) on March 13, 2016 to be eligible to win a Runner-up Prize or the Grand Prize. You should not enter this Contest if you and your child are not able to attend the event on March 13, 2016. Contest ends 2/15/2016.
1. ELIGIBILITY: The “Grade School Gourmet” contest (“Contest”) is sponsored by Dierbergs Markets (“Sponsor”) and administered by Cliffedge Marketing, LLC (“Administrator”). This contest is governed by these official rules (“Official Rules”). By participating in the Contest, each entrant agrees to abide by these Official Rules, including all eligibility requirements, and understands that the results of the Contest, as determined by Administrator, and its agents, are final in all respects. The Contest is subject to all federal, state, and local laws and regulations and is void in Florida, New York, Rhode Island and wherever else prohibited by law. This Contest is intended for play in the United States only and will be governed by U.S. law. “Contest Entities” shall be collectively be referred to herein to mean any party or entity associated in any way with the Contest, including but not limited to Administrator, Sponsor, the Contest’s sponsoring organizations, any third party prize provider(s) and/or prize fulfillment service, and each of the foregoing’s respective parents, subsidiaries, affiliates, officers, directors, and each of their employees, shareholders, and contractors.
The Contest is open to legal residents of United States, residing in the area(s) as listed above; void where prohibited by law. You must be at least 21 years of age or older at the time of entry and have a valid e-mail account, and your child must be between the ages of 8 and 13 years and 364 days old at time of entry. Administrator has the right to verify the eligibility of each entrant. If you are not a legal resident of the United States, not located in the participating contest area, or you are not the required age as of time of entry, you are not eligible to participate in this Contest or to win a prize. This contest is void outside the United States, and where prohibited. Members of the immediate family of Sponsor and Administrator are not eligible to participate or win. The term “immediate family” includes spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws,” or by current or past marriage(s), remarriage(s), adoption, co-habitation or other family extension, and any other persons residing at the same household whether or not related.
2. CONTEST PERIOD: The Contest begins at 9:00 a.m. Central Time (“CT”) on January 12, 2015 and ends at 11:59 p.m. CT on February 15, 2016 (“Entry Period”). All entries must be received no later than the end date/time of the Entry Period to be valid. Sponsor reserves the right to extend or shorten the Entry Period at their sole discretion. Information collected during this period is being collected by Administrator.
3. HOW TO ENTER: During the Entry Period, visit www.dierbergs.com/gradeschoolgourmet (the “Website”), and follow the instructions to access and complete the online entry form with all requested information and provide a URL link to your video via an approved video hosting service including, but not limited to: YouTube, Vimeo, Yahoo! Video (“Video Services”).
4. ENTRY AND ELIGIBILITY GUIDELINES: All entries submitted should comply with the following guidelines.
5. SUBMISSION CRITERIA: Entry submissions must be made by submitting a video of your child, age 8-13 cooking a dish using a minimum of two (2) Grade School Gourmet sponsors. Company will not take submissions from a 3rd party. Proof of ownership may be required by contest judges. Entrant’s child must be the subject of the submitted video.
Entries are subject to any applicable restrictions or requirements listed herein. The Administrator is not responsible for entries not received due to difficulty accessing the internet, service outage or delays, computer difficulties and other technological problems. The Sponsor Entities (as defined below) are not responsible for lost, late, undeliverable, illegible, damaged, stolen, garbled, delayed, misdirected, mutilated, or incomplete entries or communications, regardless of cause. Multiple entrants are not permitted to share the same email address. Should multiple users of the same e-mail account enter the Contest and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said e-mail account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider, telephone service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Proof of submission of an entry shall not be deemed proof of submission or receipt by the Administrator for online entries. The Administrator’s computer will be deemed the official time keeping device for the Contest. Entries will be disqualified if found to be incomplete and/or if prohibited multiple entries are determined. Incomplete or entries in excess of the above stated limit will be declared ineligible. All entries become the property of Administrator and will not be receipt acknowledged or returned. Administrator’s decisions as to the administration and operation of the Contest and the selection of potential finalists are final and binding in all matters related to the Contest.
All entrant information provided will only be used by Sponsor as set forth in Sponsor’s Privacy Policy available HERE.
6. ONLINE VOTING & JUDGMENT PROCESS: The voting of the submissions entered will be divided into two parts, which are Public Votes and Judges Votes. Voting criteria rests solely at the discretion of those who vote. Judges votes are based on the defined parameters mentioned below.
7. FINALIST SELECTION:At the conclusion of the Final Judging Period, on or about Thursday, February 25, 2016, the Top 4 finalists will be announced and contacted. The 4 Finalists will then be invited to participate in the Grade School Gourmet Cooking competition at the Dierbergs Des Peres Culinary Center (1080 Lindemann Rd, Des Peres, MO 63131) on March 13, 2016 where they will cook their dish in the Dierbergs Kitchens for a select panel of judges. Each entry shall be judged by the Sponsor judges (as selected by Administrator in its sole discretion) based on the following equally weighted criteria:
Potential finalists will be notified by phone/email address provided by entrant in entry form. If a potential finalist: (i) cannot be contacted; (ii) does not respond within forty-eight (48) hours from the date and time the Administrator first tries to notify him/her; (iii) fails to return the Affidavit and Release; (iv) refuses the prize; and/or (v) the prize or prize notification is returned as undeliverable, such potential finalist forfeits all rights to be a finalist in the Contest or receive a prize, and an alternate potential finalist may be selected. Upon contacting a potential finalist and determining that he/she has met all eligibility requirements of the Contest, including without limitation the execution of required waivers, publicity and liability releases and disclaimers, and, at Administrator’s discretion, successful completion of a background check, such individual will be declared a “finalist” in the Contest and invited to the cooking competition on 3/13/16.
Potential finalists are subject to verification, including verification of eligibility. If an entrant is unable to verify his/her information, the entrant will automatically be disqualified and their prize, if any, will be forfeited. The Contest Entities reserve, at its sole discretion, the right to not award the prize or to determine an alternate finalist (if applicable) in accordance with the official rules in the event that that any finalist has been disqualified, cannot be contacted, or is deemed ineligible for any reason. Notification is deemed to have occurred immediately upon placing of a phone call or sending of an e-mail or any other form of communication the Contest Entities may use to contact the potential finalist. The Contest Entities are not responsible for any change of email address, mailing address, and/or telephone number of entrants. The Contest Entities are not obligated to leave voice mail, answering machine or other message. The Contest Entities are not responsible for and shall not be liable for late, misdirected or unsuccessful efforts to notify a potential finalist. If the potential finalist does not claim the prize within the appropriate time given, the entrant will automatically be disqualified and their prize will be forfeited.
As a condition of participating in the Contest, entrants agree and acknowledge that in order to receive a prize and be deemed a finalist, entrants must sign an official waiver form provided by the Administrator and agree to the terms herein, including but not limited to the prize conditions. If eligible entrants include minors, a parent or guardian of such eligible minor must sign a release on behalf of the minor to be eligible to receive a prize, but the Administrator reserves the right to refuse to award a prize to or on behalf of any minor.
By participating, you agree (a) to be bound by these Official Rules; (b) as between you and the Contest Entities, that the decisions of the Contest Entities is final on all matters relating to the Contest; (c) you are not participating on behalf of any employer or third party; and (d) in the event that you do not comply with these rules, that you will be disqualified and your prize (if any) will be forfeited.
8. PRIZE DESCRIPTION: No more than the advertised number of prizes shall be awarded. The prize is subject to certain terms and conditions as specified herein. A prize may not be sold, traded, or commissioned, and is not exchangeable, transferable, substitutable, or redeemable for cash except in Administrators’ sole discretion. Prize details and availability are subject to change. Prizing may be fulfilled by a third party fulfillment company. The prize will only be awarded if properly claimed according to the Rules. All costs and expenses related to the prize acceptance, the prize, and/or prize use not specified herein as being provided are the sole responsibility of winner(s).
The prize(s) that may be awarded to the eligible winner(s) are:
One (1) Grand Prize Winner will receive:
$500 in Dierbergs gift cards
2 spots at an upcoming Dierbergs Markets’ Kids in the Kitchen Cooking Class – Date TBD
Opportunity to be featured on Dierbergs Markets’ ‘Dierbergs TV’ in-store television network
Approximate Retail Value: $550
Three (3) Runners-up winners will receive:
$100 in Dierbergs gift cards
2 spots at an upcoming Dierbergs Markets’ Kids in the Kitchen Cooking Class – Date TBD
Approximate Retail Value: $150
All prizes provided by: Cliffedge Marketing & Dierbergs Markets
9. CONSUMER CREATED CONTENT REQUIREMENTS: As used herein, “Content” includes and refers to all information, content, and material submitted by you in connection with the Contest. By submitting your Content, you warrant and represent that such Content: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) has not been copied from other, (e) does not infringe upon the rights of any person or entity (including such individual’s and/or entity’s copyrights, trademarks rights, rights of privacy or publicity or any other intellectual property), (f) that you have obtained permission from a person whose name, likeness or name is used in the Content, and (g) and that publication of the Content via various media including Web posting, will not infringe on the rights of any third party rights. Any such entrant will indemnify and hold harmless, Released Parties (as defined herein) from any claims to the contrary. Any entrant whose Content includes names or likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use of such Content, in a form satisfactory to Contest Entities, upon request, prior to award of prize and/or naming of entrant as a winner. The Content submitted shall be 100% owned and controlled by the entrant. The Content shall be free and clear of any claims by any person whose writings, quotes, or ideas are embodied in the Content, or any person rendering services in connection with the Content. The Content shall not contain any materials owned or controlled by a third party for which you have not obtained a license. The Administrator reserves the right to remove or void any Content that it deems to be in violation of these Official Rules, in its sole and absolute discretion.
By submitting Content you agree that your Content disclosure is gratuitous, unsolicited, and made without restriction, will not place the Contest Entities under any fiduciary or other obligation, that the Administrator and Sponsor are free to use and otherwise disclose the ideas contained in the Entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your Content, the Contest Entities do not waive any rights to use similar or related ideas previously known to Company Entities, or developed by their employees, or obtained from sources other than you.
BY SUBMITTING ANY CONTENT, ENTRANT ACKNOWLEDGES THAT HIS/HER CONTENT MAY BE POSTED ON COMPANY’S AND/OR SPONSOR’S WEBSITE, OR ELSEWHERE ON THE INTERNET AS AUTHORIZED BY COMPANY, IN COMPANY’S DISCRETION. In consideration for your participation in this Contest and for the opportunity to win a prize hereunder, you hereby grant the Company, the Contest Entities, and another authorized on their behalf, an unlimited, perpetual, worldwide, non-exclusive, non-restrictive, royalty-free, sub-licensable (through multiple tiers) right and license to use, publish, reproduce, display, perform, adapt, modify, distribute, publically perform, transmit, have distributed, prepare derivative works of, and promote such Content in any form, in all media now known or hereinafter created, anywhere in the world, for any purpose and without consideration to the entrant.
All Content submitted must confirm to the additional submission requirements set forth as follows to be eligible:
ALL DECISIONS REGARDING THE APPROPRIATENESS OF THE MATERIALS CONTAINED IN THE CONTENT SHALL BE AT THE SOLE DISCRETION OF THE COMPANY. The Company reserves the right to reject any Content, in its sole discretion, based on the terms set forth herein.
9. TAXES: All federal, state and/or local income and other taxes, if any, are the winner’s sole responsibility.
10. OWNERSHIP AND LICENSE: All entry materials become the property of Administrator and will not be acknowledged or returned. The copyright in any Submission shall remain the property of the entrant, but entry into this Contest constitutes entrant’s irrevocable and perpetual permission and consent, without further compensation, with or without attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display such Submission, and the entrant’s name and/or likeness, for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by Administrator in any and all media now in existence or hereinafter created, throughout the world, for the duration or the copyright in the Submission. Administrator and Sponsor and/or others authorized by Administrator or Sponsor shall have the right to edit, adapt, and modify the Submission. If you believe that any Entry infringes your intellectual property rights, click here if you wish to report it.
11. ODDS OF WINNING: The odds of winning this Contest depend on the total number of eligible entries received.
12. NO PRIZE TRANSFER OR SUBSTITUTION: No prize or any portion thereof is transferable or redeemable for cash. Any portion of the prize that is not used is forfeited. No substitutions for prize except by Administrator or Sponsor, in which case a prize of equal or greater value will be substituted.
13. CONSENT AND RELEASE: By entering the Contest, each entrant releases and discharges Administrator, the Sponsor, judging organization (if applicable), and any other party associated with the development or administration of this Contest, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Sponsor Entities”), from any and all liability whatsoever in connection with this Contest, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”). Except where prohibited: (i) entry into the Contest constitutes the consent of the entrant, without further compensation, to use his/her name, likeness, biographical data, and contact information for editorial, advertising, marketing, publicity, and administrative purposes by the Sponsor and/or others authorized by the Sponsor; (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Contest and the use, misuse, or possession of any prize; (iii) any potential winner may be required to sign an affidavit of eligibility (including social security number) and a liability/publicity release. Sponsor may conduct a background check to confirm any potential winner’s eligibility and compliance with these rules. By entering, you agree to cooperate reasonably with any such background check. If the prize includes participation in any public event(s) or publicity, or if Sponsor Entities intend to publicize the winner in any way, and if a background check reveals that a potential winner has engaged in conduct that could damage the reputation or business of any Sponsor Entity, as determined by Sponsor in its discretion, the potential winner may be disqualified and the prize may be awarded to an alternate winner.
Entries that meet the Entry Requirements, Content Requirements and Conditions of Entry may be posted to Dierbergs web sites and/or social media sites.
14. PRIVACY: By submitting an Entry in this Contest, each Entrant agrees to Sponsor's use of participant's personal information as described in the Sponsor's Privacy Policy, located HERE.
15. DISCLAIMERS: (i) Sponsor not responsible for entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s servers or elsewhere. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (ii) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the web site or otherwise attempting to undermine the legitimate operation of the Contest. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of Sponsor. (iii) Sponsor further reserves the right to cancel, terminate or modify the Contest if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (iv) Sponsor Entities are not responsible for errors in the administration or fulfillment of this Contest, including without limitation mechanical, human, printing, distribution or production errors, and may cancel, terminate or modify this Contest based upon such error at its sole discretion without liability. In no event will Sponsor be responsible for awarding more than the number of prizes specified in these rules. (v) In the event this Contest is cancelled or terminated, pursuant to subparagraph (iii) or (iv), Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. (vi) SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS CONTEST OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vii) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. (viii) The value(s) of the prize(s) set forth above represent Sponsor’s good faith determination of the approximate retail value(s) thereof; the actual fair market value(s) as ultimately determined by Sponsor are final and binding and cannot be challenged or appealed. In the event the stated approximate retail value(s) of a prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise. No substitution or compensation will be given for any portion of the prize that is not used.
16. APPLICABLE LAWS AND JURISDICTION: This Contest is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of Missouri, without regard to any principles of conflict of laws. All disputes arising out of or connected with this Contest will be resolved individually, and without resort to class action, exclusively by a state or federal court located in St. Louis, Missouri. Should there be a conflict between the laws of the State of Missouri and any other laws, the conflict will be resolved in favor of the laws of the State of Missouri. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Contest and shall not include any indirect, punitive, incidental and/or consequential damages.
17. WINNER LIST: For the name of the winner, send a self-addressed stamped envelope within thirty (30) days after the drawing date, to: Winner List, “Grade School Gourmet” c/o Contest Administration; PO Box 8766; St. Louis, MO 63101. All requests must be received by March 31, 2016.
18. SPONSORSHIP: This Contest is sponsored by Dierbergs Markets. Sponsor may be contacted via mail at: Dierbergs “Grade School Gourmet” c/o Contest Administration; PO Box 8766; St. Louis, MO 63101.
19. ADDITIONAL LIMITATIONS: Terms and conditions may apply. Incidental expenses and all other costs and expenses which are not specifically listed as part of a prize in these Official Rules and which may be associated with the award, acceptance, receipt and use of all or any portion of the awarded prize are solely the responsibility of the respective prize winner. Transportation, accommodation and other expenses are not included. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE IS SOLELY THE RESPONSIBILITY OF THE WINNER. Prize is non-transferable. No substitution or cash equivalent of prizes is permitted. Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives are not responsible for any typographical or other errors in the offer or administration of the Contest, including, but not limited to, errors in any printing or posting or these Official Rules, the selection and announcement of any winner, or the distribution of any prize. Any attempt to damage the content or operation of this Contest is unlawful and subject to possible legal action by Sponsor. Sponsor reserves the right to terminate, suspend or amend the Contest, without notice, and for any reason, including, without limitation, if Sponsor determines that the Contest cannot be conducted as planned or should a virus, bug, tampering or unauthorized intervention, technical failure or other cause beyond Sponsor’s control corrupt the administration, security, fairness, integrity or proper play of the Contest. In the event any tampering or unauthorized intervention may have occurred, Sponsor reserves the right to void suspect entries at issue. Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives, and any telephone network or service providers, are not responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunction, lost or delayed data transmission, omission, interruption, deletion, line failure or malfunction of any telephone network, computer equipment or software, the inability to access any website or online service or any other error, human or otherwise.
Indemnification and limitation of liability. By entering the contest, each entrant agrees to indemnify, release and hold harmless sponsor entities and its parent, affiliate and subsidiary companies, administrator, advertising and promotional agencies, and all their respective officers, directors, employees, representatives and agents from any liability, damages, losses or injury resulting in whole or in part, directly or indirectly, from that entrant’s participation in the contest and the acceptance, use or misuse of any prize that may be won. Sponsor entities and its parent, affiliate and subsidiary companies do not make any warranties, express or implied, as to the condition, fitness or merchantability of the prize. Sponsor entities and its parents, subsidiaries, affiliates, advertising and promotional agencies, and all their respective officers, directors, employees, representatives and agents disclaim any liability for damage to any computer system resulting from access to or the download of information or materials connected with the contest.
20. PUBLICITY; USE OF PERSONAL INFORMATION:By participating, each entrant grants Administrator and Sponsor permission to use his/her name, likeness or comments for publicity purposes without payment of additional consideration, except where prohibited by law.
The Administrator will retain the entrant's personal data for a reasonable period of time to enable it to send that entrant any prize that they have won and to verify that these rules have been complied with, and for accounting purposes. This data may be passed to a third party to enable such third party to fulfill any necessary requirements relating to the award of a prize. By participating, where allowed by law, all finalists(s) grant the Contest Entities permission to use their names, characters, photographs, voices, Content, and likenesses world-wide, in perpetuity, in any and all media now known or hereinafter invented in any and all marketing and promotional materials and waive any claims to royalty, right, or remuneration for such use. Winner(s) further agrees that his/her name may be included in a publicly available winners’ list. On occasion entrant may have the opportunity to opt-in with carefully selected third parties such as the promotional partners, who may offer you products and services of interest with your expressed consent. In the event that entrant has agreed to any available opt in opportunities provided from a third party, that may or may not be associated with this Contest, entrant understands and acknowledges that information (including entrant’s personally identifiable information) provided will be collected independently by the Contest Entities and the third party providing the opt in opportunity and individually be used by both companies subject to the terms of their respective privacy policies. Any available opt-in opportunities are not required to enter the Contest, and consent to opt-in will not improve your chances of winning. Any other use of personal data will be in accordance with, and subject to, the Sponsor’s Privacy Policy located HERE.
Any questions regarding the contest should call (866) 386-6687 during regular business hours.